Urgent : L1 to H1 COS approved. Current L1 visa expired and need stamping. How do I retain L1 status

[mjy]

I am currently in the US and have a L1 and I94 till 2015 from Company A but the visa has expired.

 

A Company B has applied for h1 ( Change of status) and was approved from Oct 1st 2014.

I would like to retain the L1 status and have have been advised to travel back to India and get L1 stamped and travel back before Oct 1st on L1.

 

1. Will the US Consulate in India accept a L1 Visa stamping as COS has been approved.

 

2. Should I travel back after Oct 1st or before Oct 1st ?

[jairichi]

1. Yes.

2. You can travel before Oct 1st but your entry on L1 visa has to be on or after oct 1st.

[mjy]

Thank you very much ! 

So If I apply for L1 Visa Stamping and then enter the US on that L1 Visa on Oct1st, Im assuming I may retain the L1 Status but may also retain the H1 petition. For some reason the Company B was suggesting to travel before Oct 1st to retain L1

[jairichi]

Thank you very much ! So If I apply for L1 Visa Stamping and then enter the US on that L1 Visa on Oct1st, Im assuming I may retain the L1 Status but may also retain the H1 petition. For some reason the Company B was suggesting to travel before Oct 1st to retain L1

By law H1B employer has to revoke H1B petition if you do not join them. This revocation will not affect your future cap exempt petitions.